Download or read book How Would Proposed Changes in Federal Diversity Jurisdiction Affect State Courts written by Victor E. Flango and published by . This book was released on 1989 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Changes in Federal Diversity Jurisdiction written by Victor E. Flango and published by . This book was released on 1990 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Budgetary Impact of Possible Changes in Diversity Jurisdiction written by Anthony Partridge and published by . This book was released on 1988 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Diversity Jurisdiction and Unincorporated Entities written by Leslie Coletti and published by . This book was released on 2016 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many benefits to having a case in federal court as opposed to state court. For example, the Federal Rules of Civil Procedure create, for the most part, a streamlined process for a case throughout all stages of litigation. Moreover, in federal court there usually is one judge assigned to a case from start to finish, which allows for a more informed decision maker on the key factual and legal issues. Assuming the amount in dispute exceeds $75,000, a business organization may access the federal courts through diversity jurisdiction, which is dependent upon the organization's ability to show that none of the plaintiffs share the same citizenship as that of any of the defendants. 28 U.S.C. § 1332. A natural person is a citizen of the state in which he or she is domiciled, and, by legislative act, a corporation is a citizen of its jurisdiction of incorporation and the jurisdiction in which it maintains its principal place of business. Within the last few years, the Supreme Court resolved the question as to which test should be utilized in determining the principal place of business, adopting the “nerve center” test. See Hertz Corp. v. Friend, 559 U.S. 77 (2010).
Download or read book Changes in Federal Diversity Jurisdiction Effects on State Court Caseloads written by Victor E. Flango and published by . This book was released on 1990 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigation and Inequality written by Edward A. Purcell Jr. and published by Oxford University Press. This book was released on 1992-12-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
Download or read book Litigation and Inequality written by Edward A. Purcell and published by Oxford University Press, USA. This book was released on 1992 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive and procedural law, as well as the impact of social and political factors in shaping the de facto processes of litigation and claims-disputing. Focusing on tort and insurance contract disputes between individuals and national corporations, he examines the changing social and economic significance of the choice between state and national courts that federal diversity jurisdiction gave litigants. Litigation and Inequality scrutinizes the increasingly sophisticated methods that parties developed to exploit their ability to choose between forums. It also traces the changing responses of the courts and legislatures to the escalation of tactical maneuvering. It locates the origins of modern litigation practice in the quarter century after 1910. Purcell points to fundamental flaws in the "efficiency" theory of tort law of the late nineteenth and early twentieth century. He identifies specific ways in which the legal system regularly subsidized corporate enterprise. He seriously qualifies and refines the progressive charge that the federal courts favored business interests. The book argues that during the period from the turn of the century to World War I - especially the critical period from 1905 to 1908 - the Supreme Court reoriented the federal judicial system and essentially created the twentieth century federal judiciary. It also challenges the idea thatdiversity jurisdiction is best understood as a device to protect nonresidents from local prejudice. It illuminates a range of related historical and legal issues, from the ostensible "formalism" of the late nineteenth century judicial thinking to the origins of the workmen's compensation movement. Examining these developments with clarity and insight, this work will interest historians and sociologists, as well as lawyers and legal scholars.
Download or read book The Budgetary Impact of Possible Changes in Diversity Jurisdiction written by Anthony Partridge and published by . This book was released on 1988 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisdiction of Federal Courts Concerning Diversity of Citizenship written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1957 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 5. Considers legislation to provide that district courts shall have jurisdiction of civil actions only if the amount in controversy exceeds $10,000 and that their jurisdiction based on diversity of citizenship shall not extend to actions in which corporations are parties; and legislation to provide that district courts shall have jurisdiction of civil actions where the matter in controversy exceeds the sum or value of $10,000 and is between citizens of different states.
Download or read book Study of the Division of Jurisdiction Between State and Federal Courts written by American Law Institute and published by . This book was released on 1965 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Diversity Jurisdiction Multi party Litigation Choice of Law in the Federal Courts written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1972 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In state Plaintiff Diversity Jurisdiction written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration and published by . This book was released on 1994 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Download or read book Federal Diversity Jurisdiction written by Association of the Bar of the City of New York. Committee on Federal Legislation and published by . This book was released on 1978 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Federal Jurisdiction written by Howard P. Fink and published by Lexis Law Publishing (Va). This book was released on 1987 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examples Explanations for Federal Courts written by Laura E. Little and published by Aspen Publishing. This book was released on 2019-07-02 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning author and professor, Laura E. Little, has updated her approachable and practical study guide to what is considered one of the most challenging and abstract subjects in the law. Examples & Explanations for Federal Courts grounds the law of federal courts for students by providing brief textual introduction to doctrines, as well as examples, analytical answers, and graphical depictions of the legal doctrine. The new edition maintains the highly admired, straightforward Examples & Explanations format yet also includes many important cutting-edge developments in the field, omitted from competing books. New to the 4th Edition: Discussion of new case law on Article III arising under jurisdiction Review of new cases concerning diversity jurisdiction and supplemental jurisdiction Extensive revision and expansion of the standing materials, including standing issues arising in cases concerning gerrymandering, statutory rights, and false electoral speech Review of new cases pertaining to congressional control over federal courts Materials on the impact of an important decision pertaining to Younger abstention doctrine, Sprint Communications v. Jacobs, 571 U.S. 69 (2013) Integration of the myriad cases making subtle refinements and changes to the law of federal habeas corpus Professors and students will benefit from: Forthright treatment of nuanced and unsettled issues in the law— Federal courts is a discipline that resists black letter simplification of legal concepts: this study guide not only recognizes that fact, but also capitalizes on it, without sacrificing clarity or meaningful analysis. Award-winning author known for ability to present complicated subjects in an understandable fashion—A widely respected federal courts scholar, Professor Laura Little has lectured worldwide on federal courts issues and is a frequent federal jurisdiction lecturer for federal judges at judicial conferences and programs sponsored by the Federal Judicial Center. She has published several articles in the field of federal court jurisdiction and has won many teaching prizes (including a top teaching honor, the Great Teacher Award) as well as scholarship awards. Her work in procedural subjects has recently been acknowledged by the American Law Institute, which appointed her to serve as Associate Reporter for the Restatement (Third) of Conflict of Laws. Accessible and clear writing style and flexible organization—With lucid explanations of complex areas of the law, the volume breaks down doctrines into component parts. Organization adapts well to a variety of teaching approaches; topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs. Written so that each chapter stands on its own. Visual aids—Includes several graphs and illustrations that illustrate both “macro” and “micro” understandings of the material; some are designed to convey larger relationships among doctrines and institutions, while others are designed to illustrate the intricacies of rules. Examples that model good lawyering and exam-taking techniques—The examples demonstrate complexities and ambiguities in the legal doctrine. The explanations provide models of practical skills for coping with uncertainty in the law. Through the explanations, students can learn to anticipate and outline arguments on both sides of a controversy. A book highly regarded by other Federal Courts professors—Both new and experienced federal courts professors report that they use the book for their own class preparation. Many professors use the book as a required text for their Federal Courts course.
Download or read book Study of the Division of Jurisdiction Between State and Federal Courts written by American Law Institute and published by . This book was released on 1963 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
